The Constitution 
of the United States 
of America 



PUBLISHED BY THE 

REPUBLICAN CLUB OF MASSACHUSETTS 
19 MILK STREET, BOSTON 

















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The Constitution 
of the United States 
of America 



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CONSTITUTION OF TEE UNITED STATES 
OF AMERICA. 


Preamble. 

Objects of the Constitution. 

Article I. 

Section 1. Legislative powers, in whom vested. Page 5. 

Sect. 2. House of representatives, how and by whom chosen — 
Qualifications of a representative — Representatives and direct 
taxes, how apportioned —Census —Vacancies to be fdled —Power 
of choosing officers, and of impeachment. 5, 6. 

Sect. 3. Senators, how and by whom chosen —How classified — 
State executive to make temporary appointments, in case, &c. — 
Qualifications of a Senator—President of the Senate, his right to 
vote— President pro tem. and other officers of Senate, how chosen — 
Power to try impeachments —When President is tried, Chief Justice 
to preside — Sentence. 6, 7. 

SECT. 4. Times, &c., of holding elections, how prescribed — One 
session in each year. 7. 

Sect. 5. Membership — Quorum — Adjournments — Rules — 
Power to punish or expel — Journal — Time of adjournment limited, 
unless, &c. 7, 8. 

Sect. 6. Compensation— Privileges —Disqualification in certain 
cases. 8. 

Sect. 7. House to originate all revenue bills — Veto — Bill may 
be passed by two-thirds of each house, notwithstanding, &c. — Bill 
not returned in ten days—Provision as to all orders, &c., except, 
&c. 8, 9. 

Sect. 8. Powers of Congress. 9, 10. 

Sect. 9. Provision as to migration or importation of certain per- 
Bons _ Habeas corpus — Bills of attainder, &c. — Taxes, how appor¬ 
tioned—No export duty —No commercial preferences — No money 
drawn from treasury, unless, Ac. —No titular nobility — Officers not 
to receive presents, unless, &c. 10, 11. 

Sect. 10. States prohibited from the exercise of certain powers. 

11 . 



4 


Constitution of the United States 


Article II. 

Section 1. President and Vice-President, their term of office — 
Electors of President and Vice-President, number, and how ap¬ 
pointed—Electors to vote on same day — Qualifications of President 
— On whom his duties devolve in case of his removal, death, Ac.— 
President’s compensation — His oath. 11-13, 

Sect. 2. President to be commander-in-chief — He may require 
opinion of, Ac., and may pardon —Treaty-making power— Nomina¬ 
tion ol ! certain officers — When President may fill vacancies. 13. 

Sect. 3. President shall communicate to Congi*ess — He may con¬ 
vene and adjourn Congress, in case, &c.; shall receive ambassadors, 
execute laws, and commission officers. 14. 

Sect. 4. All civil offices forfeited for certain crimes. 14. 

Article III. 

Section 1. Judicial power—Tenure — Compensation. 14. 

Sect. 2. Judicial power, to what cases it extends — Original juris¬ 
diction of supreme court — Appellate—Trial by jury, except, Ac.— 
Trial, where. 14,15. 

Sect. 3. Treason defined — Proof of—Punishment of. 15. 

Article IV. 

Section 1. Credit to be given to public acts, Ac., of every State.. 
15. 

Sect. 2. Privileges of citizens of each State — Fugitives from jus¬ 
tice to be delivered up — Persons held to service, having escaped, to 
be delivered up. 15. 

Sect. 3. Admission of new States —Power of Congress over ter¬ 
ritory and other property. 15, 16. 

Sect. 4. Republican form of government guaranteed — Each 
State to be protected. 16. 

Article V. 

Constitution, how amended — Proviso. 16. 

Article VI. 

Certain debts, Ac., adopted — Supremacy of Constitution, treaties, 
and laws of the United States — Oath to support Constitution, by 
whom taken—No religious test. 16, 17. 

Article VII. 

What ratification shall establish Constitution. 17. 


Constitution of the United States. 


5 


Amendments. 

I. —Religious establishment prohibited —Freedom of speech, 
of the press, and right to petition. 17. 

II. — Right to keep and bear arms. 17. 

IIr. —No soldier to be quartered in any house, unless, Ac. 17. 

IV. — Right of search and seizure regulated. 17, 18. 

V. — Provisions concerning prosecutions, trials, and punish, 
ments — Private property not to be taken for public use, 
without, &c. 18. 

VI • — Further provisions respecting criminal prosecutions. 18. 

VII. — Right of trial by jury secured. 18. 

VIII. — Bail, fines, and punishments. 18. 

IX. — Rule of construction. 18. 

X. — Same subject. 18. 

XI. — Same subject. 19. 

XII. — Manner of choosing President and Vice-President. 19, 20. 

XIII. — Slavery abolished. 20. 

XIV. —Citizenship defined — Apportionment of representatives 

— Persons engaged in rebellion excluded from office — 
Debts of United States, and of States contracted during 
the rebellion. 20, 21. 

X V. — Right of citizenship not to be abridged. 21. 

XVI.—Congress may tax incomes without apportionment or regard 
to census. 21. 

XVII. — Senators to be elected by the people. 21. 

We the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquility, 
provide for the common defence, promote the general welfare, 
and secure the blessings of liberty to ourselves and our posterity, 
do ordain and establish this Constitution for the United States 
of America. 

Article I. 

Section 1. All legislative powers herein granted shall be 
vested in a congress of the United States, which shall consist 
of a senate and house of representatives. 

Sect. 2. The house of representatives shall be composed of 
members chosen every second year by the people of the several 
states, and the electors in each state shall have the qualifica¬ 
tions requisite for electors of the mast numerous branch of the 
state legislature. 


6 


Constitution of the United States. 


No person shall be a representative who shall not have 
attained to the age of twenty-five years, and been seven years 
a citizen of the United States, and who shall not, when elected, 
be an inhabitant of that state in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 
the several states which may be included within this Union, 
according to their respective numbers, which shall be deter¬ 
mined by adding to the whole number of free persons, includ¬ 
ing those bound to service for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. The actual 
enumeration shall be made within three years after the first 
meeting of the congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by 
law direct. The number of representatives shall not exceed 
one for every thirty thousand, but each state shall have at least 
one representative; and until such enumeration shall be made, 
the state of New Hampshire shall be entitled to choose three, 
Massachusetts eight, Rhode Island and Providence Plantations 
one, Connecticut five, New York six, New Jersey four, Penn¬ 
sylvania eight, Delaware one, Maryland six, Virginia ten, North 
Carolina five, South Carolina five, and Georgia three. 

When vacancies happen in the representation from any state, 
the executive authority thereof shall issue writs of election to 
fill such vacancies. 

The house of representatives shall choose their speaker and 
other officers; and shall have the sole power of impeachment. 

Sect. 3. [The senate of the United States shall be composed 
of two senators from each state, chosen by the legislature 
thereof, for six years; and each senator shall have one vote.] 

Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be 
into three classes. The seats of the senators of the first class 
shall be vacated at the expiration of the second year, of the 
second class at the expiration of the fourth year, and of the 
third class at the expiration of the sixth year, so that one-third 
may be chosen every second year; [and if vacancies happen by 
resignation, or otherwise, during the recess of the legislature of 
any state, the executive thereof may make temporary appoint- 


Constitution of the Uriited States. 


7 


ments until the next meeting of the legislature, which shall 
then fill such vacancies]. 

No person shall be a senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabit¬ 
ant of that state for which he shall be chosen. 

The vice-president of the United States shall be president of 
the senate, but shall have no vote, unless they be equally 
divided. 

The senate shall choose their other officers, and also a presi¬ 
dent pro tempore, in the absence of the vice-president, or when 
he shall exercise the office of president of the United States. 

The senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirma¬ 
tion. When the president of the United States is tried, the 
chief justice shall preside: and no person shall be convicted 
without the concurrence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust or profit under the United States: 
but the party convicted shall nevertheless be liable and subject 
to indictment, trial, judgment and punishment, according to law. 

Sect. 4. The times, places and manner of holding elections 
for senators and representatives, shall be prescribed in each 
state by the legislature thereof; but the congress may at any 
time by law make or alter such regulations, except as to the 
places of choosing senators. 

The congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Sect. 5. Each house shall be the judge of the elections, 
returns and qualifications of its own members, and a majority 
of each shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members, in such manner, 
and under such penalties as each house may provide. 

Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence 
of two-thirds, expel a member. 


8 


Constitution of the United States. 


Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy; and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of congress, shall, without 
the consent of the other, adjourn for more than three days, nor 
to any other place than that in which the two houses shall he 
sitting. 

Sect. 6. The senators and representatives shall receive a 
compensation for their services, to be ascertained by law, and 
paid out of the treasury of the United States. They shall in all 
cases, except treason, felony and breach of the peace, he privi¬ 
leged from arrest during their attendance at the session of their 
respective houses, and in going to and returning from the same; 
and for any speech or debate in either house, they shall not he 
questioned in any other place. 

No senator or representative shall, during the time for which 
he was elected, he appointed to any civil office under the 
authority of the United States, which shall have been created, 
or the emoluments whereof shall have been increased during 
such time; and no person holding any office under the United 
States, shall be a member of either house during his continu¬ 
ance in office. 

Sect. 7. All bills for raising revenue shall originate in the 
house of representatives; but the senate may propose or concur 
with amendments as on other bills. 

Every bill which shall have passed the house of representa¬ 
tives and the senate, shall, before it become a law, be pre¬ 
sented to the president of the United States; if hq approve he 
shall sign it, but if not he shall return it, with his objections, 
to that house in which it shall have originated, who shall enter 
the objections at large on their journal, and proceed to recon¬ 
sider it. If after such reconsideration two-thirds of that house 
shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be 
reconsidered, and if approved by two-thirds of that house, it 


Constitution of the United States. 


9 


shall become a law. But in all such cases the votes of both 
houses shall be determined by yeas and nays, and the names of 
the persons voting for and against the bill shall be entered on 
the journal of each house respectively. If any bill shall not be 
returned by the president within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the congress 
by their adjournment prevent its return, in which case it shall 
not be a law. 

Every order, resolution, or vote to which the concurrence of 
the senate and house of representatives may be necessary (except 
on a question of adjournment) shall be presented to the presi¬ 
dent of the United States; and before the same shall take effect, 
shall be approved by him, or being disapproved by him, shall 
be repassed ^y two-thirds of the senate and house of representa¬ 
tives, according to the rules and limitations prescribed in the 
case of a bill. 

Sect. 8. The congress shall have power — to lay and collect 
taxes, duties, imposts and excises, to pay the debts and provide 
for the common defence and general welfare of the United States; 
but all duties, imposts and excises shall be uniform throughout 
the United States; — to borrow money on the credit of the United 
States; — to regulate commerce with foreign nations, and among 
the several states, and with the Indian tribes; — to establish an 
uniform rule of naturalization, and uniform laws on the subject 
of bankruptcies throughout the United States; — to coin money, 
regulate the value thereof, and of foreign coin, and fix the 
standard of weights and measures; — to provide for the punish¬ 
ment of counterfeiting the secui’ities and current coin of the 
United States;—to establish post offices and post roads; — to 
promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries; — to constitute tri¬ 
bunals inferior to the supreme court; — to define and punish 
piracies and felonies committed on the high seas, and offences 
against the law of nations; — to declare war, grant letters of 
marque and reprisal, and make rules concerning captures on 
land and water; — to raise and support armies, but no appro- 


10 


Constitution of the United States . 


priation of money to that use shall be for a longer term than 
two years; — to provide and maintain a navy; — to make rules 
for the government and regulation of the land and naval forces; 

— to provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions; — to 
provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the states respectively, 
the appointment of the officers, and the authority of training 
the militia according to the discipline prescribed by congress; 

— to exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession 
of particular states, and the acceptance of congress, become the 
seat of the government of the United States, and to exercise 
like authority over all places purchased by the consent of the 
legislature of the state in which the same shall he, for the erec¬ 
tion of forts, magazines, arsenals, dock yards, and other needful 
buildings; — and to make all laws which shall be necessary and 
proper for carrying into execution the foregoing powers, and all 
other powers vested by this constitution in the government of 
the United States, or in any department or officer thereof. 

Sect. 9. The migration or importation of such persons, as 
any of the states now existing shall think proper to admit, shall 
not be prohibited by the congress prior to the year one thousand 
eight hundred and eight, hut a tax or duty may he imposed on 
such importation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be sus¬ 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax, shall be laid, unless in pro¬ 
portion to the census or enumeration hereinbefore directed to 
be taken. 

No tax or duty shall he laid on articles exported from any state. 

No preference shall he given by any regulation of commerce 
or revenue to the ports of one state over those of another; nor 
shall vessels hound to, or from, one state, he obliged to enter, 
clear or pay duties in another. 


Constitution of the United States. 


11 


No money shall be drawn from the treasury, hut in conse¬ 
quence of appropriations made by law ; and a regular statement 
and account of the receipts and expenditures of all public money 
shall he published from time to time. 

No title of nobility shall he granted by the United States; 
and no person holding any office of profit or trust under them 
shall, without the consent of the congress, accept of any present, 
emolument, office or title, of any kind whatever, from any king, 
prince, or foreign state. 

Sect. 10. No state shall enter into any treaty, alliance, or 
confederation; grant letters of marque and reprisal; coin money; 
emit hills of credit; make any thing but gold and silver coin a 
tender in payment of debts; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. No state shall, without the consent of the 
congress, lay any imposts or duties on imports or exports, except 
what may be absolutely necessary for executing its inspection 
laws: and the net produce of all duties and imposts, laid by 
any state on imports or exports, shall be for the use of the 
treasury of the United States; and all such laws shall he sub¬ 
ject to the revision and control of the Congress. No state shall, 
without the consent of congress, lay any duty of tonnage, keep 
troops, or ships of war in time of peace, enter into any agree¬ 
ment or compact with another state, or with a foreign power, 
or engage in war, unless actually invaded, or in such imminent 
danger as will not admit of delay. 

Article II. 

Section 1. The executive power shall be vested in a Presi¬ 
dent of the United States of America. He shall hold his office 
during the term of four years, and, together with the vice-presi¬ 
dent, chosen for the same term, he elected, as follows: — 

Each state shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole 
number of senators and representatives to which the state may 
be entitled in the congress; but no senator or representative, or 
person holding an office of trust or profit under the United 
States, shall be appointed an elector. 


12 


Constitution of the United States , 


[The electors shall meet in their respective states, and vote 
by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same state with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each; which list they shall sign and certify, and 
transmit sealed to the seat of the government of the United 
States, directed to the president of the senate. The president 
of the senate shall, in the presence of the senate and house of 
representatives, open all the cex-tificates, and the votes shall 
then be counted. The person having the greatest number of 
votes shall be the president, if such number be a majority of 
the whole number of electors appointed; and if there be more 
than one who have such majority, and have an equal number 
of votes, then the house of representatives shall immediately 
choose by ballot one of them for president; and if no person 
have a majority, then from the five highest on the list the said 
house shall in like manner choose the president. But in choos¬ 
ing the president, the votes shall be taken by states, the repre¬ 
sentation from each state having one vote; a quorum for this 
purpose shall consist of a member or members from two-thirds 
of the states, and a majority of all the states shall be necessary 
to a choice. In every case, after the choice of the president, 
the person having the greatest number of votes of the electors 
shall be the vice-president. But if there should remain two or 
more who have equal votes, the senate shall choose from them 
by ballot the vice-president.] 

The congress may determine the time of choosing the electors, 
and the day on which they shall give their votes; which day 
shall be the same throughout the United States. 

No person except a natural bom citizen, or a citizen of the 
United States, at the time of the adoption of this constitution, 
shall be eligible to the office of president; neither shall any 
person be eligible to that office who shall not have attained to 
the age of thirty-five years, and been fourteen years a resident 
within the United States. 

In case of the removal of the president from office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the vice- 
president, and the congress may by law provide for the case of 


Constitution of the United States ■ 


13 


removal, death, resignation, or inability, both of the president 
and vice-president, declaring what officer shall then act as presi¬ 
dent, and such officer shall act accordingly, until the disability 
be removed, or a president shall be elected. 

The president shall, at stated times, receive for his services, 
a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and lie 
shall not receive within that period any other emolument from 
the United States, or any of them. 

Before he enter on the execution of his office, he shall take 
the following oath or affirmation: — 

“ I do solemnly swear (or affirm) that I will faithfully execute 
the office of president of the United States, and will to the best 
of my ability, preserve, protect and defend the constitution of 
the United States.” 

Sect. 2. The president shall be commander-in-chief of the 
army and navy of the United States, and of the militia of the 
several states, when called into the actual service of the United 
States; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject 
relating to the duties of their respective offices, and he shall 
have power to grant reprieves and pardons for offences against 
the United States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of 
the senate, to make treaties, provided two-thirds of the senators 
present concur; and he shall nominate, and by and with the 
advice and consent of the senate, shall appoint ambassadors, 
other public ministers and consuls, judges of the supreme court, 
and all other officers of the United States, whose appointments 
are not herein otherwise provided for, and which shall be estab¬ 
lished by law: but the congress may by law vest the appoint¬ 
ment of such inferior officers, as they think proper, in the 
president alone, in the courts of law, or in the heads of depart¬ 
ments. 

The president shall have power to fill up all vacancies 
that may happen during the recess of the senate, by grant¬ 
ing commissions which shall expire at the end of their next 
session. 


14 


Constitution of the United States, 


Sect. 3. He shall from time to time give to the congress 
information of the state of the Union, and recommend to their 
consideration such measures as he shall judge necessary and 
expedient; he may, on extraordinary occasions, convene both 
houses, or either of them, and in case of disagreement between 
them, with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper; he shall receive 
ambassadors and other public ministers; he shall take care that 
the laws be faithfully executed, and shall commission all the 
officers of the United States. 

Sect. 4. The president, vice-president, and all civil officers of 
the United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes and 
misdemeanors. 

Article III. 

Section 1. The judicial power of the United States shall 
be vested in one supreme court, and in such inferior courts as 
the congress may from time to time ordain and establish. The 
judges, both of the supreme and inferior courts, shall hold their 
offices during good behavior, and shall, at stated times, receive 
for their services, a compensation, which shall not be diminished 
during their continuance in office. 

Sect. 2. The judicial po^er shall extend to all cases, in law 
and equity, arising under this constitution, the laws of the 
United States, and treaties made, or which shall be made, 
under their authority; — to all cases affecting ambassadors, 
other public ministers, and consuls;—to all cases of admiralty 
and maritime jurisdiction; — to controversies to which the 
United States shall be a party;—to controversies between two 
or more states; — between a state and citizens of another state; 
—between citizens of different states; —between citizens of the 
same state claiming lands under grants of different states, and 
between a state, or the citizens thereof, and foreign states, 
citizens or subjects. 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a state shall be a party, the supreme 
court shall have original jurisdiction. In all the other cases 


Constitution of the United States, 


15 


before mentioned, the supreme court shall have appellate juris¬ 
diction, both as to law and fact, with such exceptions, and 
under such regulations as the congress shall make. 

The trial of all crimes, except in cases of impeachment, shall 
be by jury; and such trial shall be held in the state where the 
said crimes shall have been committed; but when not com¬ 
mitted within any state, the trial shall be at such place or 
places as the congress may by law have directed. 

Sect. 3. Treason against the United States, shall consist 
only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall be 
convicted of treason unless on the testimony of two witnesses 
to the same overt act, or on confession in open court. 

The congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of 
blood, or forfeiture except during the life of the person attainted. 

Article IV. 

Section 1. Full faith and credit shall he given in each state 
to the public acts, records, and judicial proceedings of every 
other state. And the congress may by general laws prescribe 
the manner in which such acts, records and proceedings shall 
be proved, and the effect thereof. 

Sect. 2. The citizens of each state shall be entitled to all 
privileges and immunities of citizens in the several states. 

A person charged in any state with treason, felony, or other 
crime, who shall flee from justice, and be found in another 
state, shall, on demand of the executive authority of the state 
from which he fled, be delivered up to be removed to the state 
having jurisdiction of the crime. 

No person held to service or labor in one state, under the laws 
thereof, escaping into another, shall, in consequence of any law 
or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such 
service or labor may be due. 

Sect. 3. New states may be admitted by the congress into 
this Union; but no new state shall be formed or erected within 


16 


Constitution of the United States. 


the jurisdiction of any other state; nor any state he formed by 
the junction of two or more states, or parts of states, without the 
consent of the legislatures of the states concerned as well as of 
the congress. 

The congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular state. 

Sect. 4. The United States shall guarantee to every state in 
this Union a republican form of government, and shall protect 
each of them against invasion, and on application of the legis¬ 
lature, or of the executive (when the legislature cannot be con¬ 
vened) against domestic violence. 

Article Y. 

The congress, whenever two-thirds of both houses shall deem 
it necessary, shall propose amendments to this constitution, or, 
on the application of the legislatures of two-thirds of the several 
states, shall call a convention for proposing amendments, which, 
in either case, shall be valid to all intents and purposes, as part 
of this constitution, when ratified by the legislatures of three- 
fourths of the several states, or by conventions in three-fourths 
thereof, as the one or the other mode of ratification may be pro¬ 
posed by congress; provided that no amendment which may be 
made prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses in the 
ninth section of the first article; and that no state, without its 
consent, shall be deprived of its equal suffrage in the senate. 

Article YI. 

All debts contracted and engagements entered into, before the 
adoption of this constitution, shall be as valid against the United 
States under this constitution, as under the confederation. 

This constitution, and the laws of the United States which 
shall be made in pursuance thereof; and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 


Constitution of the United States. 


17 


state shall he bound thereby, any thing in the constitution or 
laws of any state to the contrary notwithstanding. 

The senators and representatives before mentioned, and the 
members of the several state legislatures, and all executive and 
judicial officers, both of the United States and of the several 
states, shall be bound by oath or affirmation, to support this 
constitution; but no religious test shall ever be required as a 
qualification to any office or public trust under the United 
States. 

Article VII. 

The ratification of the conventions of nine states, shall be 
sufficient for the establishment of this constitution between 
the states so ratifying the same. 


ARTICLES 

IN ADDITION TO, AND AMENDMENT OF, 

The Constitution of the United States of America, proposed by 
congress, and ratified by the legislatures of the several states, 
pursuant to the fifth article of the original constitution. 

Article I. Congress shall make no law respecting an estab¬ 
lishment of religion, or prohibiting the free exercise thereof; or 
abridging the freedom of speech, or of the press; or the right 
of the people peaceably to assemble, and to petition the govern¬ 
ment for a redress of grievances. 

Art. II. A well regulated militia, being necessary to the 
security of a free state, the right of the people to keep and bear 
arms shall not be infringed. 

Art. III. No soldier shall, in time of peace, be quartered 
in any house, without the consent of the owner, nor in time of 
war, but in a manner to be prescribed by law. 

Art. IV. The right of the people to be secure in their per¬ 
sons, houses, papers and effects, against unreasonable searches 
and seizures, shall not be violated, and no warrants shall issue, 




18 Constitution of the United States . 


but upon probable cause, supported by oath or affirmation, and 
particularly describing the place to be searched, and the persons 
or things to be seized. 

Art. V. No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indict¬ 
ment of a grand jury, except in cases arising in the land or naval 
forces, or in the militia, when in actual service in time of war 
or public danger; nor shall any person be subject for the same 
offence to be twice put in jeopardy of life or limb; nor shall be 
compelled in any criminal case to be a witness against himself, 
nor be deprived of life, liberty or property, without due process 
of law; nor shall private property be taken for public use, with¬ 
out just compensation. 

Art. VI. In all criminal prosecutions, the accused shall 
enjoy the right to a speedy and public trial, by an impartial 
jury of the state and district wherein the crime shall have been 
committed, which district shall have been previously ascer¬ 
tained by law, and to be informed of the nature and cause of 
the accusation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining witnesses in his 
favor, and to have the assistance of counsel for his defence. 

Art. YII. In suits at common law, where the value in con¬ 
troversy shall exceed twenty dollars, the right of trial by jury 
shall be preserved, and no fact tried by a jury shall be otherwise 
re-examined in any court of the United States, than according 
to the rules of the common law. 

Art. YIII. Excessive bail shall not be required, nor exces¬ 
sive fines imposed, nor cruel and unusual punishments inflicted. 

Art. IX. The enumeration in the constitution, of certain 
rights, shall not be construed to deny or disparage others 
retained by the people. 

Art. X. The powers not delegated to the United States by 
the constitution, nor prohibited by it to the states, arc reserved 
to the states respectively, or to the people. 


Constitution of the United States . 


19 


Art. XI. The judicial power of the United States shall not 
be construed to extend to any suit in law or equity, commenced 
or prosecuted against one of the United States by citizens of 
another state, or by citizens or subjects of any foreign state. 

Art. XII. The electors shall meet in their respective states, 
and vote by ballot for president and vice-president, one of whom, 
at least, shall not be an inhabitant of the same state with them¬ 
selves ; they shall name in their ballots the person voted for as 
president, and in distinct ballots the person voted for as vice- 
president, and they shall make distinct lists of all persons voted 
for as president, and of all persons voted for as vice-president, 
and of the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of the government 
of the United States, directed to the president of the senate; — 
the president of the senate shall, in presence of the senate and 
house of representatives, open all the certificates and the votes 
shall then be counted; — the person having the greatest number 
of votes for president, shall be the president, if such number be 
a majority of the whole number of electors appointed; and if 
no person have such majority, then from the persons having 
the highest numbers not exceeding three on the list of those 
voted for as president, the house of representatives shall choose 
immediately, by ballot, the president. But in choosing the 
president, the votes shall be taken by states, the representation 
from each state having one vote; a quorum for this purpose 
shall consist of a member or members from two-thirds of the 
states, and a majority of all the states shall be necessary to a 
choice. And if the house of representatives shall not choose a 
president whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the 
vice-president shall act as president, as in the case of the death 
or other constitutional disability of the president. 

The person having the greatest number of votes as vice-pres¬ 
ident, shall be the vice-president, if such number be a majority 
of the whole number of electors appointed, and if no person 
have a majority, then from the two highest numbers on the 
list, the senate shall choose the vice-president; a quorum for 
the purpose shall consist of two-thirds of the whole number of 


20 Constitution of the United States. 


senators, and a majority of the whole number shall be necessary 
to a choice. 

But no person constitutionally ineligible to the office of presi¬ 
dent shall be eligible to that of vice-president of the United 
States. 

Art. XIII. Sect. 1. Neither slavery nor involuntary servi¬ 
tude, except as a punishment for crime whereof the party shall 
have been duly convicted, shall exist within the United States, 
or any place subject to their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article 
by appropriate legislation. 

Art. XIV. Sect. 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are citizens 
of the United States and of the state wherein they reside. No 
state shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States; nor 
shall any state deprive any person of life, liberty or property, 
without due process of laAV, nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Sect. 2. Representatives shall be apportioned among the 
seA 7 eral states according to their respective numbers, counting 
the whole number of persons in each state, excluding Indians 
not taxed. But Avhen the right to vote at any election for the 
choice of electors for president and vice-president of the United 
States, representatives in congress, the executive and judicial 
officers of a state, or the members of the legislature thereof, 
is denied to any of the male inhabitants of such state, being 
twenty-one years of age, and citizens of the United States, or 
in any way abridged, except for participation in rebellion or 
other crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one years of 
age in such state. 

Sect. 3. No person shall be a senator, or representative in 
congress, or elector of president and vice-president, or hold any 
office, civil or military, under the United States, or under any 
state, who, having previously taken an oath, as a member of 
congress, or as an officer of the United States, or as a member 
of any state legislature, or as an executive or judicial officer of 


Constitution of the United States 


21 


any state, to support the constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But congress may, 
by a vote of two-thirds of each house, remove such disability. 

Sect. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of 
pensions and bounties for services hi suppressing insurrection 
or rebellion, shall not be questioned. 

But neither the United States, nor any state, shall assume or 
pay any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the loss 
or emancipation of any slave; but all such debts, obligations 
and claims shall be held illegal and void. 

Sect. 5. The congress shall have power to enforce, by appro¬ 
priate legislation, the provisions of this article. 

Art. XV. Sect. 1. The right of citizens of the United States 
to vote shall not be denied or abridged by the United States, or 
by any state, on account of race, color, or previous condition of 
servitude. 

Sect. 2. The congress shall have power to .enforce this article 
by appropriate legislation. 

Art. XVI. The congress shall have power to lay and collect 
taxes on incomes, from whatever source derived, without appor¬ 
tionment among the several states, and without regard to any 
census or enumeration. 

Art. XVII.* The senate of the United States shall be com¬ 
posed of two senators from each state, elected by the people 
thereof, for six years; and each senator shall have one vote. The 
electors in each state shall have the qualifications requisite for 
electors of the most numerous branch of the state legislatures. 

When vacancies happen in the representation of any state in 
the senate, the executive authority of such state shall issue writs 
of election to fill such vacancies: provided , that the legislature 
of any state may empower the executive thereof to make tem¬ 
porary appointment until the people fill the vacancies by election 
as the legislature may direct. 

*“ In lieu of the first paragraph of section three of article I of the 
constitution of the United States, and in lieu of so much of paragraph 
two of the same section as relates to the filling of vacancies.” 




22 Constitution of the United States. 


This amendment shall not he so construed as to affect the 
election or term of any senator chosen before it becomes valid 
as part of the constitution. 

[Note. The constitution was adopted September 17, 1787, by the 
unanimous consent of the states present in the convention appointed 
in pursuance of the resolution of the congress of the confederation of 
February 21, 1787, and was ratified by the conventions of the several 
states, as follows, viz.: By convention of Delaware, December 7, 1787; 
Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; 
Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, 
February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 
1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; New York, 
July 26, 1788; North Carolina, November 21, 1789; Rhode Island, May 
‘ 29, 1790. 

The first ten of the amendments were proposed at the first session 
of the first congress of the United States, September 25, 1789, and were 
finally ratified by the constitutional number of states on December 15, 
1791. The eleventh amendment was proposed at the first session of the 
third congress, March 5, 1794, and was declared in a message from the 
President of the United States to both houses of congress, dated Janu¬ 
ary 8, 1798, to have been adopted by the constitutional number of states. 
The twelfth amendment was proposed at the first session of the eighth 
congress, December 12, 1803, and was adopted by the constitutional 
number of states in 1804, according to a public notice thereof by the 
secretary of state, dated September 25 of the same year. 

The thirteenth amendment was proposed to the legislatures of the 
several states by the thirty-eighth congress on February 1, 1385, and 
was declared, in a proclamation of the secretary of state, dated December 
18, 1865, to have been ratified by the legislatures of three-fourths of the 
states. 

The fourteenth amendment was proposed to the legislatures of the 
several states by the thirty-ninth congress, on June 16, 1866. 

On July 20, 1868, the secretary of state of the United States issued 
his certificate, setting out that it appeared by official documents on 
file in the department of state that said amendment had been ratified 
by the legislatures of the states of Connecticut, New Hampshire, Tennes¬ 
see, Neiv Jersey, Oregon, Vermont, New York, Ohio, Illinois, West Virginia, 
Kansas, Maine, Nevada, Missouri, Indiana, Minnesota, Rhode Island, Wis¬ 
consin, Pennsylvania, Michigan, Massachusetts, Nebraska and Iowa, and 
by newly established bodies avowing themselves to be and acting as the 
legislatures of the states of Arkansas, Florida, North Carolina, Louisiana, 
South Carolina, and Alabama; that the legislatures of Ohio and New Jersey 
had since passed resolutions withdrawing the consent of those states to 


23 


Constitution of the United States. 


said amendment; that the whole number of states in the United States 
was thirty-seven, that the twenty-three states first above named and the 
six states next above named together, constituted three-fourths of the 
whole number of states, and certifying that if the resolutions of Ohio and 
New Jersey, ratifying said amendment were still in force, notwithstand¬ 
ing their subsequent resolutions, then said amendment had been ratified 
and so become valid as part of the constitution. 

On July 21, 1888, congress passed a resolution reciting that the amend¬ 
ment had been ratified by Connecticut, Tennessee, New Jersey, Oregon, Ver¬ 
mont, West Virginia, Kansas, Missouri, Indiana, Ohio, Illinois, Minnesota, 
New York, Wisconsin, Pennsylvania, Rhode Island, Michigan, Nevada, New 
Hampshire, Massachusetts, Nebraska, Maine, Iowa, Arkansas, Florida, 
North Carolina, Alabama, South Carolina and Louisiana, being three- 
fourths of the several states of the Union, and declaring said fourteenth 
article to be a part of the constitution of the United States, and making 
it the duty of the secretary of state to duly promulgate it as such. 

On July 28, 1838, the secretary of state issued his certificate, reciting 
the above resolution, and stating that official notice had been received 
at the department of state that action had been taken by the legislatures 
of the states in relation to said amendment, as follows: “ It was ratified 
in A.D. 1885, by Connecticut, June 30; Neio Hampshire, July 7; Ten¬ 
nessee, July 19; Oregon, September 19; Vermont, November 9. In A.D. 
1867, by New York, January 10; Illinois, January 15; West Virginia, 
January 16; Kansas, January 18; Maine, January 19; Nevada, January 
22; Missouri, January 26; Indiana, January 29; Minnesota, February 1; 
Rhode Island, February 7; Wisconsin, February 13; Pennsylvania, Feb¬ 
ruary 13; Michigan, February 15; Massachusetts, March 20; Nebraska, 
June 15. In A.D. 1868 by Iowa, April 3; Arkansas, April 6; Florida, 
June 9’; Louisiana, July 9; and Alabama, July 13. 

“It was first ratified and the ratification subsequently withdrawn by 
New Jersey, ratified September 11, 1863, withdrawn April, 1868; Ohio, 
ratified January 11, 1867, and withdrawn January, 1868. 

“It was first rejected and then ratified by Georgia, rejected November 
13,1856, ratified July 21, 1868; North Carolina, rejected December 4, 1863, 
ratified July 4, 1868; South Carolina, rejected December 20, 1866, and 
ratified July 9, 1868. 

“It was rejected by Texas, November 1, 1856; Virginia, January 9, 
1867; Kentucky, January 10, 1857; Delaware, February 7, 1867; and Mary¬ 
land, March 23, 1867.’’ 

And on said July 28, 1868, and in execution of the act proposing the 
amendment and of the concurrent resolution of congress above men¬ 
tioned and in pursuance thereof, the secretary of state directed that said 
amendment to the constitution be published in the newspapers author¬ 
ized to promulgate the laws of the L nited States, and certified that it 


24 


Constitution of the United States. 


had been adopted in the manner above specified by the states named in 
said resolution, and that it “has become valid to all intents and purposes 
as a part of the constitution of the United States.” 

Subsequently it was ratified by Virginia, October 8, 1869, by Georgia, 
again, February 2, 1870, and by Texas, February 18, 1870. 

The fifteenth amendment was proposed to the legislatures of the sev¬ 
eral states by the fortieth congress on February 27, 1859, and was de¬ 
clared, in a proclamation of the secretary of state, dated March 30, 1870, 
to have been ratified by the constitutional number of states and to have 
“become valid to all intents and purposes as part of the constitution of 
the United States.” 

The sixteenth amendment was proposed to the legislatures of the 
several states by the sixty-first congress, at its first session, in 1909. On 
February 25, 1913, the secretary of state made proclamation to the effect 
that, from official documents on file in the department, it appeared that 
the amendment had been ratified by the legislatures of the states of 
Alabama, Kentucky, South Carolina, Illinois, Mississippi, Oklahoma, 
Maryland, Georgia, Texas, Ohio, Idaho, Oregon, Washington, California, 
Montana, Indiana, Nevada, North Carolina, Nebraska, Kansas, Colorado, 
North Dakota, Michigan, Iowa, Missouri, Maine, Tennessee, Arkansas, 
Wisconsin, New York, South Dakota, Arizona, Minnesota, Louisiana, 
Delaware, and Wyoming, in all thirty-six; and, further, that the states 
whose legislatures had so ratified the said proposed amendment con¬ 
stituted three-fourths of the whole number of states in the United States; 
and, further, that it appeared from official documents on file in the 
department that the legislatures of New Jersey and New Mexico had 
passed resolutions ratifying the said proposed amendment. He further 
certified that the amendment had “become valid to all intents and 
purposes as a part of the constitution of the United States.” 

The seventeenth amendment was proposed to the legislatures of the 
several states by the sixty-second congress,at its second session, in 1912. 
On May 31, 1913, the secretary of state made proclamation to the effect 
that, from official documents on file in the department, it appeared that 
the amendment had been ratified by the legislatures of the states of 
Massachusetts, Arizona, Minnesota, New York, Kansas, Oregon, North 
Carolina, California, Michigan, Idaho, West Virginia, Nebraska, Iowa, 
Montana, Texas, Washington, Wyoming, Colorado, Illinois, North Dakota, 
ANevada, Vermont, Maine, New Hampshire, Oklahoma, Ohio, South Dakota, 
Indiana, Missouri, New Mexico, New Jersey, Tennessee, Arkansas, Con - 
necticut, Pennsylvania, and Wisconsin; and, further, that the states 
whose legislatures had so ratified the said proposed amendment con¬ 
stituted three-fourths of the whole number of states in the United States. 
He further certified that the amendment had “become valid to all in¬ 
tents and purposes as a part of the constitution of the United States.”] 











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